due process

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Forfeiture Laws

The Fourteenth Amendment guarantees that no citizen can be deprived of property without due process of law. See U.S. Const. amend. XIV. Despite due process concerns, many state and local governments (as well as the federal government)...

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In 2007, police arrested Travis Beckles after recovering a sawed-off shotgun in his residence. See United States v. Beckles, 565 F.3d 832, 837–38 (11th Cir. 2009). At trial, the jury found Beckles guilty under 18 U.S.C. § 922(g)(1) for possession of a...

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In December of 2011, petitioner Brandon Thomas Betterman failed to comply with two court orders to appear pursuant to charges of felony domestic assault. See State v. Betterman, 342 P.3d 971, 973 (Mont. 2015). Betterman turned himself in two months...

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In the course of a traffic stop in April 2017, police found Petitioner Charles Borden in possession of a pistol. United States v. Borden at 266. Borden, who had three prior felony convictions for aggravated assault, admitted that he purchased the gun...

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Indictment and Trial

In 2003, a New York grand jury indicted Edmund Boyle and eight other men on Racketeering Influenced and Corrupt Organizations ("RICO") Act conspiracy charges, claiming that they all participated in a series of bank robberies as...

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On May 14th, 1984, defendants John Stumpf and Clyde Wesley knocked on the door of Norman and Mary Jane Stout and asked to use the phone. The record is clear on the initial events. After entering, Stumpf and Wesley pulled out guns. Stumpf held the...

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Defendant Bristol-Myers Squibb Company (“BMS”) manufactures anticoagulants—drugs meant to inhibit blood clotting. See Bristol-Myers Squibb Co. v. Super. Ct. of San Francisco Cty., S221038, at 2 (Cal. Aug. 29, 2016). Seven hundred residents of thirty-...

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Following an investigation and sting operation in 2012, federal authorities arrested Petitioner Adaucto Chavez-Meza on charges of conspiring with the Sinaloa Cartel to distribute methamphetamine in the United States. Brief for Respondent, United States...

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Overview

Civil forfeiture occurs when the government seizes property under suspicion of its involvement in illegal activity. Such a proceeding is conducted in rem, or against the property itself, rather than in personam, or against the owner of the...

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Overview

Broadly speaking, civil procedure consists of the rules by which courts conduct civil trials. "Civil trials" concern the judicial resolution of claims by one individual or class against another and are to be distinguished from "criminal...

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